DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the  10^th day of December 2015

Present   : Smt.Shiny.P.R. President

               : Smt.Suma.K.P.  Member                              Date of filing: 7/11/2015

                                                      (C.C.No.170/2015)       

Rineesh.R

S/o.Ramachandran,

Chenthoni House,

Pattanchery Post,

Palakkad – 678 532                                         -        Complainant

(By Party in Person)

Vs

1.The Proprietor,

   M/s.Oxygen,

   Palakkad

2.The Manager,

    M/s.Acme Technologies,

    Authorised Service Center Micromax,

   1^st Floor, Metro Complex,

   Opp.Govt.Ayurveda Hospital,

   H.P.O. Road, Palakkad – 678 001

(By Party in Person)

3.The Manager Director,

    M/s.Micromax, Informatics Ltd.,

    Customer Service Team,

    90B, Micromax House, 2^nd Floor,

    Sector 18, Gurgoan,

    Haryana – 1220015                                     -        Opposite parties

O R D E R

By Smt.Shiny.P.R.  President.

Brief facts of complaint.

On 23-3-2015 complainant had purchased a mobile phone named Micromax AQ5000 from the 1^st  opposite party for an amount of Rs.10500/-. 2^nd opposite party is the service centre of the 3^rd opposite party who is the manufacturer of the mobile phone. Immediately after the purchase the phone showed the defects of “sim card not detecting (No net work issue)”.               On 1-9-2015 complainant approached 2^nd opposite party and handedover the mobile to them to rectify the defects.  2^nd opposite party said that the defects are in the mother board of phone.

Complainant submitted that opposite parties did not return the defect free mobile till this date. Such act of the opposite parties amounts to deficiency in service and unfair trade practice. Complainant further submitted that by the act of opposite parties complainant has sustained huge mental agony and financial loss. Hence the complaint. Complainant prays for an order directing opposite parties to pay a sum of Rs.10500/- towards the cost of mobile phone and  Rs.15,000/- towards compensation for mental agony

Complaint was admitted and was issued notice to all opposite parties. Notice to all opposite parties served. 1^st opposite party remained absent. Hence set exparte. 2^nd and 3rd opposite parties represented.

2^nd opposite party filed version admitting the purchase of mobile and defects of mobile. They also admitted that the defective mobile was sent to the M/s. TVS Electronics for curing the defects. But after seventy days          M/s. TVS Electronics returned the mobile without curing the defects to the 2^nd opposite party.

Complainant filed chief affidavit. Ext.A1 to A3 marked. MO1 also marked.

Following Issues are considered

1. Whether there is any unfair trade practice and deficiency in service on the part of opposite parties?
2. If so, what is the relief?

Issues 1 & 2

    We have perused the documents filed by the complainant. The purchase of the mobile phone was proved as per Ext.A1 and A2 series. Ext A3 job card issued by 2^nd opposite party shows that the mobile phone had the defects of   “Sim card rejected”. The defects are occurred within 6 months of purchase of mobile phone. As such it is a clear proof of manufacturing defects of the mobile. From the evidence adduced by the complainant, we arrived at a conclusion that by selling defective mobile, 3^rd opposite party committed unfair trade practice and deficiency in service. Hence 3^rd opposite party is liable to pay the cost of mobile to the complainant.  

In the result complaint is allowed. 3^rd Opposite party is directed to pay Rs.10500/- (Rupees Ten thousand five hundred only) towards the cost of mobile phone to the complainant.

Order shall be complied within a period of one month from the date of receipt of order, failing which complainant is eligible for 9% interest per annum for ordered amount from the date of order, till realization.

On payment of the ordered amount, opposite parties are at liberty to take back the accessories and box produced before the Forum.

Pronounced in the open court on this the 10^th day of December  2015.

                                                                                              Sd/-

                      Shiny.P.R.

                      President   

                          Sd/-

                      Suma.K.P.

                      Member

Appendix

Exhibits marked on the side of complainant

Ext.A1   - HDFC bank payment slip dated 23/03/2015 for Rs.10,500/-

Ext.A2  – Cash receipt dated  23/3/2015  for Rs.10.500/-  issued by 1^st opposite

              party

Ext.A3  - Job sheet dated 01/9/2015 Issued by 2^nd opposite party

MO1 – Accessories and box

Exhibits marked on the side of opposite party

Nil

Cost 

No cost allowed.

Forwarded/By Order,

Senior Superintendent